What do we do as a bailiff’s office?

Messages sometimes appear on social media and in the news that are incorrect about exactly what we do as a bailiff’s office. Such messages can be confusing and may cause people to not pay on time. This can lead to additional problems. That’s why in this post, we properly explain what our duties are, according to the law.

1. What is the confusion?

There are many collection agencies in the Netherlands. These are often allowed to operate without anyone checking whether they are doing a good job. That creates distrust. That is why there is a new law: the Wet Kwaliteit Incassodienstverlening (Wki). It says that collection agencies must register in a special register.

2. What is our role?

We are not a collection agency, but a bailiff’s office. That’s something different. We explain:

• Supervision and registration
  Bailiffs are under strict supervision. We fall under the Royal Association of Bailiffs (KBvG). Anyone can find us in the KBvG’s public register. By law (Article 4 Wki), bailiffs do not have to register in the register for collection agencies.
• What can we do?
  As bailiffs, we have more duties and rights than a collection agency.
  For example, we may:
  Issue a subpoena (officially summon someone to appear in court)
  Place a garnishment (e.g., on income or property)
  These powers are contained in various laws, such as the Bailiffs Act and the Code of Civil Procedure.
• What rules apply to us?
  We always work according to the law:
  The Bailiffs Act and the Regulation ensure that we work neatly and carefully.
  The Quality of Collection Services Act (Wki) also applies to us when we do collection work out of court.
• Fees: what do you pay?
  You pay only costs that are listed in the law. A judge always looks to see if these costs are fair.
  • For example:
    • BTAG: official rates for our work.
    • WIK: rules on additional charges for late payment.
    • Statutory interest: established in Civil Code article 6:119.
• Monitoring and disciplinary law
  We are monitored by the Bureau of Financial Supervision (BFT). We can also be challenged through the disciplinary law of the KBvG.
  Learn more: BFT – Supervision of bailiffs

3. What are your rights and obligations?

You are responsible for paying your debts on time. This is stated in the law (Civil Code 6, article 74).
Our fees are set by law. Thus, we may only charge the fees specified in the law.
If you don’t pay, there may be additional charges. Sometimes a lawsuit then follows.

4. Summary

Bosveld is not a collection agency, but a regulated bailiff’s office.
We work carefully and according to the law.
We are audited by the KBvG and the BFT.
We are SRCM certified, which provides additional assurance of our quality.

More information? Visit the website of the KBvG